Effective Date: June 30, 2016
Don't feel like wading through a tonne of legalese, but still want to know what you’re getting yourself into? Here are the main points in our Terms of Service, written in plain English.
The principal aims of the Site, the Software and the Services are to support academic, industrial and governmental research by providing a multi-purpose research platform, with features that include:
Our aim is to provide a multi-purpose research management platform. There are many aspects to this platform, which are all designed to make your research life easier.
Subject to your compliance with all of your obligations under the Agreement (including, without limitation, your obligations under "User Conduct and Acceptable Use" and "User Generated and Third Party Content") wizdom.ai grants you a limited, revocable, non-exclusive, non-assignable, non-transferrable and non-sub-licensable licence to use the Site and the Services for as long as they are provided by wizdom.ai. This licence includes the right to access the Site and the Services, and to view and use the information and functionality that is available on the Site and via the Services. All rights not expressly granted by the foregoing licence are reserved.
If you behave yourself, you get to use all of our services for as long as we provide them.
Use of the Software is subject to the terms of the Agreement, and also to additional licence terms and conditions (the "End-User Licence Agreement"). When you install, download or use the Software, you will be required to accept the terms of, and to signify your agreement to be bound by, the terms of the End-User Licence Agreement.
In addition to this Agreement, when you install the software you will also have to accept the End-User Licence Agreement.
wizdom.ai is the owner or the licensee of all intellectual property rights in the Site, the Software, the Services and in the wizdom.ai information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the "wizdom.ai Materials") contained in or made available via the Site, the Software or the Services.
You are granted a limited licence solely for your own personal use to refer to, bookmark or point to any page within the Site, and to download the wizdom.ai Materials, and to print a single hard copy of the wizdom.ai Materials for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left intact. The grant of this limited licence is conditional on your agreement to, and compliance with, the terms of the Agreement.
Any other use of the wizdom.ai Materials, including any form of copying or reproduction (for any purpose other than those noted above), modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works, or re-delivery using framing or other technology, without the prior written permission of wizdom.ai, is strictly prohibited and in violation of the proprietary rights of wizdom.ai.
"wizdom.ai" is a trademark of wizdom.ai.
wizdom.ai retains all titles, interests, intellectual property rights, and any other rights in and to the Site, the Software, the Services, and the wizdom.ai Materials. Other than the limited licence herein granted, nothing in the Agreement shall be construed as conferring by implication, estoppel or otherwise, any other licence or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property or proprietary interest of wizdom.ai or any third party.
We own the copyright to all of our material (like logos), but data uploaded by you will be owned by you (see Section 11).
So long as it's for your personal use, feel free to download and use wizdom.ai on any device you like. Just don't put it on a torrent website or anything like that.
Certain of the Services may be offered by wizdom.ai for a fee, either on a one-off or on a subscription or periodic basis. If you purchase any such Services, then the fee will be charged in accordance with the payment method you have chosen. If you are paying by credit or debit card, by designating a particular card against which the charge will be made, you confirm that you are the card holder and that you are authorised to make such a purchase. Prices quoted on the Site are inclusive of VAT and any other applicable taxes. wizdom.ai will not introduce additional payments for Services for which a single, one-off payment is initially required.
You agree to pay the applicable fees for all such Services as they become due until the date you cancel your subscription to such Services. The fees and charges payable in respect of such Services are non-refundable. Such Services may also be subject to additional terms and conditions. When you purchase such Services, you will be required to accept any such additional terms and conditions, and to signify your agreement to be bound by such additional terms and conditions, which will thereupon be incorporated in the Agreement.
Where you purchase any such Services over the internet, you have the right to cancel your purchase and receive a full refund (excluding payment processing charges) within fourteen (14) days of purchase (the "Cooling Off Period"). You acknowledge and understand that once you purchase such Services, wizdom.ai shall immediately enable you to avail yourself of such Services. You agree to wizdom.ai making such Services available and you acknowledge and understand that should you avail of such Services within the Cooling Off Period that your right to cancel your purchase under the Agreement (and under any statutory "cooling off" provisions) shall lapse.
If we charge a fee for any of our services, you need to pay for them honestly. There might also be additional terms and conditions for these services which you would need to accept.
When paid services are bought over the internet, there is a cooling off period of 14 days, within which you can cancel the purchase and get a full refund. However, if you use the service during the cooling off period, you can no longer cancel it. This is to avoid the unfair situation where someone uses a paid service, then once they are finished with it (within the cooling off period) they cancel the service and receive a refund, effectively getting the service for free
The wizdom.ai Materials could include technical, typographical, or photographic errors. wizdom.ai does not warrant that any of the wizdom.ai Materials are accurate, complete, or current. wizdom.ai may make changes to the wizdom.ai Materials at any time without notice. wizdom.ai does not, however, make any commitment to update the wizdom.ai Materials.
Our stuff might have errors in it, and we may change anything at any time in our continuing quest to make wizdom.ai better.
The Site contains links to other sites and resources provided by third parties, and in using the Services, you may be exposed to content and information from other users or third parties (collectively "Third-Party Resources"), either through the Services or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Resources including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Resources, including without limitation, profiles of other users of the Services. The inclusion of any such links or resources does not imply endorsement by wizdom.ai, and use of any such links and resources is entirely at your own risk.
You may link to the wizdom.ai home page, provided you do so in a way that is fair and legal, and does not damage wizdom.ai's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of wizdom.ai when none exists.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make use of material on the Site other than as set out above, please address your request to firstname.lastname@example.org.
Our website has links to external sites and resources which we don't control, so we can't be responsible for them.
Feel free to link to the wizdom.ai home page, so long as you do it nicely and legally. Our website must not be framed on any other site.
Access to the Site and the Services is permitted for the duration of your contracted subscription period (in the case of those Services for which we charge a fee) and for as long as the Site and Services are provided by us (in any other case), and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Site or the Services is unavailable at any time or for any period. We may from time to time without notice suspend the Services or disconnect or deny your access to the Services:
during any technical failure, modification or maintenance involved in the Services provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable;
if you fail to comply with any terms of the Agreement or if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Services.
You can use wizdom.ai for as long as we provide it, but there might be situations where we unexpectedly have to suspend or remove some or all of the services (like if a major catastrophe hit all of our servers at once, or if you don't keep your end of the agreement).
You understand that the Services are available for your personal use only. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.
In addition, you agree not to:
Don't do anything dishonest, harmful or generally bad and you should be fine.
You are solely responsible for any content that you submit, post or transmit via the Site and/or Services. Except in extreme cases where such material is necessary for research purposes, you may not post or submit any content that:
We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
Don't submit anything that would be seen as generally offensive or inappropriate, unless it is genuinely for research purposes.
The Site, the Services, the Software and the wizdom.ai Materials are provided "as is". wizdom.ai makes no warranties, expressed or implied, and to the maximum extent permitted by law, hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, wizdom.ai does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Site, the Software, the Services or the wizdom.ai Materials.
What you see is what you get, and for the purposes of the law, we make no formal claims about the outcomes of using wizdom.ai.
To the maximum extent permitted by law, wizdom.ai hereby expressly excludes any liability for:-
and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, and even if wizdom.ai or a wizdom.ai authorised representative has been notified orally or in writing of the possibility of such damage.
Notwithstanding the foregoing, in no event shall wizdom.ai's maximum aggregate liability arising under or in connection with the Site, the Software, the Services, the wizdom.ai Materials, the Agreement or otherwise, exceed the greater of the amount of fees (if any) paid by you in respect of the Services in the preceding 12 month period, or €10.
As far as legally possible, we are not liable if you have somehow been negatively affected (financially or otherwise) by using wizdom.ai.
You agree to indemnify, defend and hold harmless wizdom.ai and its officers, directors, consultants, employees, agents, partners, promoters, co-branders, licensors, suppliers, sponsors, and affiliates from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal, attorney, and accounting fees, resulting from, or alleged to result from,
If you do something illegal while using our services, we had nothing to do with it.
If you fail to comply with any aspect of the Agreement, this may result in our taking any of the following actions:
Don't mess with us and we won't give you any trouble.
We will respond to all clear and complete notices of alleged copyright infringement that are compliant with the United States Digital Millennium Copyright Act of 1998 (DMCA, http://www.copyright.gov/legislation/dmca.pdf). We will also respond to all other applicable copyright laws. If you believe that your work has been used or uploaded onto the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise infringed, please send us a formal notice adhering to the following guidelines:
Send the notice with all completed items in electronic or physical form to:
Designated DMCA Agent colwiz Limited 70 Sir John Rogerson's Quay Dublin 2, Ireland email@example.com
You should be aware that we might reproduce any such legal notice and send it to a third-party for publication and annotation, and that we might replace any material removed from the Site by a copy of your notice.
We aim to respond and/or take action on all complete and qualified notices within 10 business days of receiving your notice. We reserve the right to communicate with you via email or other means.
If you believe that someone is using your work and they are not allowed, follow the guidelines set out here.
Similarly, if someone claims that you are using their work illegally, then you can submit a ‘counter notification', following the guidelines here.
The wizdom.ai user responsible for the alleged breach of copyright or intellectual property may make a counter notification under the same act (sections 512(g)(2) and (3) of the Digital Millennium Copyright Act of 1998). Should we receive a counter notification, then we may reinstate the material in question.
To put in place a counter notification, you must write to us at the address given below following the strict guidelines given here. You should be aware that you will be liable for any damages (including any legal costs) if you materially misrepresent that any content or activity is not infringing the copyright rights of others, and you may wish to discuss these issues with a legal representative before contacting us.
Your formal notice should contain the following information:
Send the notice with all completed items in electronic or physical form to:
Designated DMCA Agent colwiz Limited 70 Sir John Rogerson's Quay Dublin 2, Ireland firstname.lastname@example.org
The Services that wizdom.ai provides to you are partially supported by advertising revenue. The advertisements that are displayed to you on the Site and through our desktop application are targeted to you and your academic interests. You agree to allow wizdom.ai to display this advertising material to you as a direct consideration for the Services provided to you by wizdom.ai. wizdom.ai reserves the right to amend the terms relating to its utilisation of advertising at any time, and wizdom.ai will not be responsible for any loss that you may incur as a result of any such amendments. wizdom.ai does not accept any responsibility for any interactions that may take place between you and any advertising party, and any legal obligations arising from such interactions or transactions are solely between you and the advertising party.
In order to keep our services free, we partially support them by using targeted advertising revenue. How you interact with any advertised sites is your own business.
If you wish to make a complaint to us concerning any usage of content of the Site then please contact us at email@example.com.
If you want to complain about anything related to wizdom.ai, email firstname.lastname@example.org.
wizdom.ai may revise the Agreement at any time without notice. If we do this, we will post the changes to the terms of the Agreement on this page and will indicate at the top of this page the date that the terms were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the Agreement as so revised. If you do not agree to abide by the terms of the Agreement, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site to determine if there have been changes to the terms of the Agreement and to review such changes.
We might need to edit this agreement if there are errors, or if something in wizdom.ai changes and we need to update the terms as a result. If you keep using wizdom.ai after the changes have been made, we assume you've accepted the new agreement. Note that if there is a change that we think you might care about, we will tell you about it.
If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies, and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of the Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If we let you get away with something once, that doesn't mean we'll let you get away with it again.
If any of the terms of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If the law decides that something in this agreement isn't valid, then that part of the agreement will be removed, but everything else will remain valid.
You may not transfer, assign, charge or otherwise deal in any other manner with any of your rights or obligations under the Agreement, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise deal in any other manner with any of our rights or obligations under the Agreement at any time.
Unless we say you can, you're not allowed to pass off your side of this agreement onto anyone else, because this service is provided to you personally. However, in order to best do our job, we may get other people outside wizdom.ai to help us keep our side of the agreement.
wizdom.ai utilises 3rd party and open source components provided by the community. By using the Software you acknowledge and accept the licences provided by the respective third parties. The full licence text can be found at "Third Party Components"
Sometimes we use stuff provided by people outside wizdom.ai. When you use this stuff, you also accept the relevant third party licences.
The Site and Services are controlled and operated by wizdom.ai from Ireland. wizdom.ai does not make any representation that the Site, the Services or the Software comply with any legal or regulatory requirements in your country. The Irish courts will have jurisdiction over any claim arising from or related to the Agreement, although wizdom.ai retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any other relevant country.
The Agreement and any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.
wizdom.ai is legally based in Ireland, and it is possible that the program does not satisfy the law in your country.
If there's a problem and we're sued, the Irish courts will look after the case. However, if you misbehave we may press charges in your country instead.
wizdom.ai is part of Informa PLC
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